Victorian Consolidated Legislation

First Home Owner Grant Act 2000 - SECT 11

Criterion 4-Applicant (or applicant's partner) must not have had relevant interest in residential property

11. Criterion 4-Applicant (or applicant's partner) must not have had relevant
interest in residential property





(1) An applicant is ineligible if the applicant or the applicant's partner
has, before 1 July 2000, held-

   (a)  a relevant interest in residential property in Victoria; or

   (b)  an interest in residential property in another State or a Territory
        that is a relevant interest under the corresponding law of that State
        or Territory.

(2) In working out for the purposes of subsection (1) whether an applicant or
the applicant's partner held a relevant interest (within the meaning of this
Act or a corresponding law) in residential property at a particular time, any
deferment of the right of occupation (because the property was subject to a
lease or for any other reason) is to be disregarded.

(3) An applicant is ineligible if, before the commencement date of the
relevant transaction, the applicant, or the applicant's partner-

   (a)  held a relevant interest in residential property in Victoria or an
        interest in residential property in another State or Territory that is
        a relevant interest under the corresponding law of that State or
        Territory; and

   (b)  occupied the property as a place of residence for a continuous period
        of at least 6 months.